Balloting

[Guest Cynthia]

According to my Commonwealth, my HOA Board must supply and absentee ballot when asked for one. I did and they did not supply one. The entire board is required to be there for annual meetings. One board member walked out and therefore did not attend the meeting without notice or appointing a proxy I asked for recess or adjournment and received neither. Please advise as to validity of this meeting. 

[Joshua Katz]

2 minutes ago, Guest Cynthia said:

he entire board is required to be there for annual meetings.

What exactly do the rules say about this? I have trouble believing that they give any board member the power to unilaterally end or prevent the annual meeting.

3 minutes ago, Guest Cynthia said:

According to my Commonwealth, my HOA Board must supply and absentee ballot when asked for one. I did and they did not supply one.

Well, RONR doesn't say anything about absentee balloting except that it's a bad idea and to follow your own rules if you have them. It appears you do, and that those rules require a ballot be given to anyone who requests one. If one wasn't, that would seem to violate the rule. If the rules in RONR otherwise apply, that would only cast doubt on the validity of the election if it would have made a difference, i.e. if the margin was 1 vote. However, your own rules/laws likely say something else. This means you'll need to consult an attorney on the question of what happens if the rule is not followed.

[Richard Brown]

Agreeing with the response above by Mr. Katz, I will add that even if your bylaws have a provision to the effect that board members shall attend all meetings, failure of a board member to attend a meeting will not invalidate the meeting unless it causes the loss of a quorum or your bylaws (or other governing documents) have a provision that specifically says no business may be conducted unless all board members are present.

Edited August 6, 2021 at 03:21 PM by Richard Brown
Added the part in parentheses about other governing documents

[Rob Elsman]

If there is a Commonwealth statutory requirement that a member of a homeowners' association must be allowed to vote in absentiā, the failure of the association to provide an authentic absentee ballot upon request may well invalidate the vote if the inability to vote would make a difference in the result.  The underlying principle is that, in this case, the statutory right of an individual member to vote in absentiā was violated, constituting what is called a continuing breach of the rules.  See RONR (12th ed.) 23:6, item (c).

Concerning any statutory right to vote by absentee ballot, you may need the advice of an attorney who is experienced in these sorts of matters.